The Clery Act
The Jeanne Clery Campus Safety Act (Clery Act) is a federal consumer protection law that provides current and prospective students and employees insight into what crime is like at federally funded colleges and universities and what policies and procedures these institutions have in place to address it.
The Clery Act, enforced by the U.S. Department of Education, was first signed into law in 1990 following the tragic death of a first-year university student named Jeanne Clery in 1986. This federal consumer protection law aims to help existing and prospective students and employees make informed decisions about whether to work, live, or study at institutions of higher education that receive federal funding. The Clery Act enhances transparency by requiring public and private colleges and universities that participate in federal student aid programs to:
- Develop and publish an Annual Security and Fire Safety Report (ASFSR) for current and prospective employees and students each fall,
- Submit annual crime statistics to the Department of Education for public access each fall,
- Identify and train Campus Security Authorities (CSAs),
- Provide support to victims of violence and notify them of their rights and the University’s obligations to them following a report of crime,
- Issue timely warnings and emergency notifications, and
- Maintain a daily crime log and daily fire log.
Clery Act Compliance
University Administrative Policy (UAP) 2745: Clery Act Disclosures and Programs ensures UNM’s compliance with the Clery Act. Clery Act compliance is a University-wide responsibility that requires the cooperation of multiple areas of the University. UNM’s Clery Coordinator and the rest of CEEO work hand-in-hand with the all areas of the University to identify and train Campus Security Authorities, prepare UNM’s Annual Security and Fire Safety Report, support victims of crime, and fulfill other obligations under the statute.
Clery Act Crimes
One of UNM’s responsibilities under the Clery Act is to collect, compile, and classify reports of specific criminal offenses annually in our Annual Security & Fire Safety Report (ASFSR). UNM also discloses Clery Act-reportable crimes on an ongoing basis both in our daily crime log and through UNM’s LoboAlerts system.
Only certain crimes are considered “reportable” under the Clery Act. Clery Act crimes are those that
- Involve at least one crime that meets the definition of a Clery Act offense AND
- Occur within UNM’s Clery Act geography.
It is important to note that Clery Act crimes are not limited to those involving students or employees, and that Clery crime statistics represent the number of reports the University receives—regardless of whether the report can be “proven” or is investigated. An incident that involves a crime meeting the definition of a Clery offense and occurs within our Clery geography gets classified as a Clery Act crime regardless of what time of year it is, whether the crime was completed, whether it is investigated, or what a court decides.
Clery Act Offenses
Below is a list of Clery-reportable offenses and their definitions. Please note:
- The sources for these definitions are based in federal law and do not always align with New Mexico state law.
- Attempts for all crimes listed are included.
- Murder/Non-negligent Manslaughter *
The willful (non-negligent) killing of one human being by another. - Manslaughter by Negligence *
The killing of another person through gross negligence. - Robbery *
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. - Aggravated Assault *
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. - Sex Offenses
- Rape *
The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. - Fondling **
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. - Incest **
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. - Statutory Rape **
Sexual intercourse with a person who is under the statutory age of consent.
- Rape *
- Violence Against Women Offenses
- Domestic Violence †
A felony or misdemeanor crime of violence committed — By a current or former spouse or intimate partner of the victim;- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Dating Violence †
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. - Stalking †
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or suffer substantial emotional distress. For the purposes of this definition—- "Course of conduct" means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.
- "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Domestic Violence †
- Hazing ‾
Any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
- whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
- causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
- causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
- causing, coercing, or otherwise inducing another person to perform sexual acts;
- any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
- any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
- any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.
- For the purposes of this definition—
- "Student Group" means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.
- Burglary *
The unlawful entry of a structure to commit a felony or a theft. - Motor Vehicle Theft *
The theft or attempted theft of a motor vehicle. - Arson *
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
An “arrest” for Clery Act purposes is defined as persons processed by arrest, citation, or summons.
A “referral for disciplinary action” is defined for Clery Act purposes as the referral of any person to any official who initiates a disciplinary action of which a record is established, and which may result in the imposition of a sanction.
- Weapons Law Violation ^
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Included in this classification: manufacture, sale or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.
- Drug Abuse Violation ^
The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics - manufactured narcotics which can cause true addiction (Demerol, Methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
- Liquor Law Violation ^
The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Include in this classification: the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; and attempts to commit any of the above.
A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of Clery, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.
- Murder/Non-negligent Manslaughter ‡
The willful (non-negligent) killing of one human being by another. - Sex Offenses
- Rape ‡
The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. - Fondling ‡
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. - Incest ‡
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. - Statutory Rape ‡
Sexual intercourse with a person who is under the statutory age of consent.
- Rape ‡
- Robbery ‡
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. - Aggravated Assault ‡
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. - Burglary ‡
The unlawful entry of a structure to commit a felony or a theft. - Motor Vehicle Theft ‡
The theft or attempted theft of a motor vehicle. - Arson ‡
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. - Simple Assault ‡
An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. - Larceny-theft ‡
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing. - Intimidation ‡
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. - Destruction/Damage/Vandalism of Property ‡
To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
- Disability ‡
A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness. - Ethnicity ‡
A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term race in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors. - Gender ‡
A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, i.e., male or female. - Gender Identity ‡
A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender nonconforming individuals. - National Origin ‡
A performed negative opinion or attitude towards a person or group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin. - Race ‡
A preformed negative opinion or attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair, facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, Blacks or African Americans, Whites. - Religion ‡
A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists. - Sexual Orientation ‡
A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived sexual orientation.
A reported crime that upon investigation by law enforcement authorities is found to be false or baseless. Only sworn or commissioned law enforcement personnel may unfound a crime. Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner.
Definition Sources
* A “Primary Offense” under the Clery Act whose definition comes from the FBI’s Uniform Crime Reporting Program’s Summary Reporting System (SRS) User Manual
** A “Primary Offense” under the Clery Act whose definition comes from the FBI’s Uniform Crime Reporting Program’s National Incident-Based Reporting System (NIBRS) Data Collection Guidelines
† A “Violence Against Women Act (VAWA) Offense” (as defined by the Violence Against Women Act of 1994 and repeated in the Clery Act regulations
^ An Arrest/Citation/Summons or Referral for Disciplinary Action whose definition comes from the FBI’s Summary Reporting System (SRS) User Manual
‡ A Hate Crime whose definition comes from the FBI’s Uniform Crime Reporting Program’s Hate Crime Data Collection Guidelines and Training Manual)
‾ The Hazing definition comes from the Stop Campus Hazing Act.
Clery Act Geography
UNM’s “Clery Act geography” comprises three categories of physical property for the purposes of disclosing our Clery Act crime statistics. They are “on campus”, “non-campus”, and “public property”.
On-Campus
On Campus geography includes any property or building that is owned or controlled by UNM within the same reasonably contiguous geographic area and used in direct support of, or in a manner related to, educational purposes, OR within or reasonably contiguous to the area of campus, that is UNM-owned but controlled by another person, is frequently used by students, and supports institutional purposes, such as retail or food establishments.
Examples of on campus locations include lecture halls, the Student Union Building, recreational and athletics facilities such as The Pit and the Johnson Center, UNM Hospital, and administrative offices on campus.
On-campus Student Housing
On-Campus Student Housing is a subcategory of the on-campus property category. In addition to showing which Clery Act crimes took place on campus, the ASFSR also displays a subset of on-campus reports indicating which ones originated inside UNM’s on-campus student housing facilities.
Noncampus
Noncampus geography comprises those properties and buildings that are owned or controlled by a student organization officially recognized by UNM or owned or controlled by UNM and is used in direct support of, or in relation to, the institution's educational purposes, are frequently used by students, and are not within the same reasonably contiguous geographic area of campus.
Examples of noncampus locations include places where UNM regularly offers off-campus courses, some Greek housing, off-campus research facilities that UNM owns, leases, or controls, UNM-owned housing for medical students attending an off-campus program, and off-site venues where UNM students stay or study for more than one night or on a recurring basis where there is a written agreement in place between UNM and the venue.
Public Property
For the purposes of Clery Act crime reporting, Public Property considered any property that is situated within the same reasonably contiguous geographic area of, within, or adjacent to the UNM campus that is
- publicly and not privately owned,
- adjacent to a facility owned or controlled by UNM if the facility is used by UNM in direct support of, or in a manner related to, UNM's educational purposes, AND
- accessible from campus (that is, unrestricted by a barrier such as a fence or roadway).
Examples of public property are sidewalks, streets, bus stops, and parks along the campus perimeter where physical access from campus is restricted. Some public streets that directly border UNM’s campus include:
- University Blvd
- Central Blvd
- Lomas Blvd
- Vassar Dr
- Stanford Dr
- Avenida César Chávez
- Buena Vista Dr, and
- Indian School Rd
UNM’s Clery geography maps for Central, South, and North Campuses are currently being reviewed and updated. To view the most current version of these maps for Central and South Campuses, click on one of the links below.
